State v. Hutchinson

Murphy, C. J., and Smith, J., dissent. Smith, J., filed a dissenting opinion at page 209 infra, in which Murphy, C. J., concurs.

In this case we are asked to decide whether the Court of Special Appeals erred in concluding that the instructions on permissible verdicts contained plain error material to the rights of the defendant.

Frederick Jerome Hutchinson, defendant, was convicted by a jury in the Criminal Court of Baltimore for the crime of second degree rape. He was sentenced to serve a term of imprisonment of twenty years. On appeal to the Court of Special Appeals, the judgment was reversed…